SPONSORED:

Reid plots strategy to force vote on Obama nominee

Reid plots strategy to force vote on Obama nominee
© Greg Nash

 

Senate Democrats say they may try to force a vote on President Obama’s nominee to the Supreme Court with an unusual procedural tactic.

“There are many procedural things we can do,” Senate Democratic Leader Harry ReidHarry Mason ReidStrange bedfellows: UFOs are uniting Trump's fiercest critics, loyalists Bottom line Biden's first 100 days is stylistic 'antithesis' of Trump MORE (Nev.) said Tuesday when asked about the possibility of using a discharge resolution to bypass Republicans.

“That’s one thing we can do. Certainly we’ve got that in our arrow quiver, to do that and other things,” Reid said.

ADVERTISEMENT

Senate Judiciary Committee Chairman Chuck GrassleyChuck GrassleyConservatives launch 'anti-cancel culture' advocacy organization Lawmakers bicker over how to go after tax cheats On The Money: Biden says workers can't turn down job and get benefits | Treasury launches state and local aid | Businesses jump into vax push MORE (R-Iowa) said last week that Republicans can’t stop Reid from at least attempting the maneuver. 

“There’s nothing we can do about it. Under the rules of the United States Senate, that resolution can be offered any time,” he said at a town hall meeting in Iowa.

Reid emphasized, however, that he’s in no rush to file such a motion.

He and his Democratic colleagues want to keep the pressure on Republicans to hold hearings on the nominee, Judge Merrick Garland, believing they have the upper hand in the public relations battle.

“The obligation is for them to hold hearings and to have a vote. That’s in the Constitution,” Reid said. “Right now, we think we’re in a good place. The pressure’s on them, not on us.”

A senior Democratic aide described the discharge resolution as “a last resort.”  

But Republicans, by and large, have brushed off the pressure tactics. They argue that Reid took a different view in 2005, when Democrats were blocking then-President George W. Bush’s judicial nominees.

“The duties of the Senate are set forth in the Constitution of the United States. Nowhere in that document does it say the Senate has a duty to give presidential nominees a vote,” Reid said on the Senate floor nearly 11 years ago. “It says appointments shall be made with the advice and consent of the Senate. That is very different than saying every nominee receives a vote.” 

The discharge resolution has not been tried in recent memory, so few Senate insiders know exactly how the process would work.

Essentially, Reid or another Democrat would offer a motion to proceed to a resolution to discharge Garland’s nomination from the Judiciary Committee.

That would first require Democrats to win a simple majority vote to move into executive session. If achieved, Democrats would have to overcome a 60-vote hurdle to consider the motion to discharge, according to a senior Democratic aide.

All in all, Democrats would need to keep their ranks unified and persuade 14 Republicans to vote with them to pull Garland out of committee, an unlikely scenario.

Republicans control 54 Senate seats, and Democrats have 46. 

Yet Grassley last week implied the vote would be difficult for Republicans given Garland’s credentials and the general view that he is more moderate than other potential Democratic nominees. 

“Whenever they take this vote — whether it would be based on confirming the nomination or whether it’s based on a discharge — it’s still going to be a tough vote,” Grassley said. 

Only two Republicans, Sens. Susan CollinsSusan Margaret CollinsOvernight Health Care: Supreme Court takes case that could diminish Roe v. Wade | White House to send US-authorized vaccines overseas for first time White House: Biden committed to codifying Roe v. Wade regardless of Miss. case CDC's about-face on masks appears politically motivated to help a struggling Biden MORE (Maine) and Mark KirkMark Steven KirkDuckworth announces reelection bid Brave new world: Why we need a Senate Human Rights Commission  Senate majority battle snags Biden Cabinet hopefuls MORE (Ill.), support holding confirmation hearings for Garland, a well-regarded jurist with nearly two decades of service on the D.C. Circuit Court of Appeals.

Collins praised the nominee after meeting him Tuesday and urged her colleagues to hold a public review instead of rejecting him out of hand.

“My views are not a secret to my colleagues. I would encourage all of my colleagues to sit down with Judge Garland,” she told reporters. “I believe that that’s how the process should work and works best when we have these one-on-one meetings followed by public hearings.”  

Kirk called Garland “one of the most eminent jurists in the country” after meeting with him last week.   

But Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenators shed masks after CDC lifts mandate Trump signals he's ready to get back in the game Manchin, Murkowski call for bipartisan Voting Rights Act reauthorization MORE’s (R-Ky.) conference has mostly held the line, arguing that the court vacancy should be left to the next president.

The number of Republican senators who supported hearings was initially four, but Sens. Lisa MurkowskiLisa Ann MurkowskiOvernight Health Care: Supreme Court takes case that could diminish Roe v. Wade | White House to send US-authorized vaccines overseas for first time Manchin, Murkowski call for bipartisan Voting Rights Act reauthorization White House: Biden committed to codifying Roe v. Wade regardless of Miss. case MORE (Alaska) and Jerry MoranGerald (Jerry) MoranBipartisan Senate bill introduced to give gyms B in relief Bottom line Hawley votes against anti-Asian hate crime bill MORE (Kan.) reversed themselves after getting strong pushback from GOP leaders and conservative activists.

Rep. Mike Pompeo (R-Kan.), who may be eyeing a primary challenge against Moran, criticized him for even opening the door to hearings. 

“I have consistently said, and continue to believe, that it is hopelessly and dangerously naive for Senator Moran to expect that President Obama would appoint a believer in the appropriate judicial role and basic interpretation of the U.S. Constitution,” Pompeo said Monday in a statement.

Reid insisted Tuesday that Democrats have momentum in the fight over Garland.

“We feel we’re making progress,” he said, noting that 20 editorials have been written in Iowa criticizing Grassley’s decision not to hold hearings. 

The Des Moines Register wrote Monday that Grassley “seems just fine with stalemate,” referring to the two 4-4 ties on the Supreme Court since conservative Justice Antonin Scalia died in mid-February.

Reid added that Grassley now has a more competitive reelection race. Democrats have recruited former Iowa Lt. Gov. Patty Judge, the toughest opponent he has faced in years.

“No one thought he would have a race,” he added. “This is a real drag on the Republicans.”

Reid noted that more than a dozen Senate Republicans have agreed to meet with Garland, although most have made clear they will do so only as a courtesy.

In addition to Kirk and Collins, at least 15 other Republicans have voiced willingness to meet. They are Sens. Kelly AyotteKelly Ann AyotteSununu seen as top recruit in GOP bid to reclaim Senate Lobbying world Overnight Defense: NATO expanding troops in Iraq MORE (N.H.), John BoozmanJohn Nichols BoozmanSenate GOP opens door to earmarks Arkansas governor quietly bucking GOP's dive into culture wars Trump allies line up ahead of potentially bruising primaries MORE (Ark.), Bill Cassidy (La.), Jeff FlakeJeffrey (Jeff) Lane FlakeThe Hill's 12:30 Report - Presented by Facebook - Republican reactions to Cheney's removal Flake: No greater offense than honesty in today's Republican Party Cheney set to be face of anti-Trump GOP MORE (Ariz.), Grassley, Orrin HatchOrrin Grant HatchFinancial market transactions should not be taxed or restricted Bottom line The Republicans' deep dive into nativism MORE (Utah), James InhofeJames (Jim) Mountain InhofeInhofe tells EPA nominee he'll talk to her 'daddy' if she does not 'behave' OVERNIGHT ENERGY: Senate nixes Trump rule limiting methane regulation | Senate confirms EPA chief: Biden's climate goals are 'an opportunity to lead' | Fine-particle pollution disproportionately hurts people of color: research EPA chief: Biden's climate goals are 'an opportunity to lead' MORE (Okla.), Ron JohnsonRonald (Ron) Harold JohnsonOVERNIGHT ENERGY: Supreme Court sides with oil companies in Baltimore case| White House environmental justice advisers express opposition to nuclear, carbon capture projects | Biden administration to develop performance standards for federal buildings Sunday shows - Cheney removal, CDC guidance reverberate Ron Johnson calls cyber attacks an 'existential' threat following Colonial Pipeline shutdown MORE (Wis.), James Lankford (Okla.), Moran, Murkowski, Rob PortmanRobert (Rob) Jones PortmanSenators shed masks after CDC lifts mandate Bipartisanship has become a partisan weapon Carper urges Biden to nominate ambassadors amid influx at border MORE (Ohio), Mike Rounds (S.D.), Marco RubioMarco Antonio RubioRubio wants 'UFO sightings' to be registered, taken seriously Strange bedfellows: UFOs are uniting Trump's fiercest critics, loyalists Second suspected 'Havana Syndrome' case near White House under investigation: report MORE (Fla.) and Pat Toomey (Pa.).

Ayotte, Portman, Murkowski and Flake are scheduled to meet with Garland next week.

Updated at 8:08 p.m.